§ 23-407. Temporary or contractual employment by retiree
West's Annotated Code of MarylandState Personnel and PensionsEffective: July 1, 2023 to June 30, 2024
Effective: July 1, 2023 to June 30, 2024
MD Code, State Personnel and Pensions, § 23-407
§ 23-407. Temporary or contractual employment by retiree
<Section effective until July 1, 2024. See, also, section 23-407 effective July 1, 2024.>
(a) In this section, “area of critical shortage” means an academic field identified by the State Department of Education in accordance with the provisions of § 18-703(g)(1) of the Education Article as having projected employment vacancies that substantially exceed projected qualified graduates.
(b) Except as provided in subsection (d) of this section, an individual who is receiving a service retirement allowance or a vested allowance may accept employment with a participating employer on a permanent, temporary, or contractual basis, if:
(c)(1) Except as provided in § 23-408 of this subtitle, the Board of Trustees shall reduce the allowance of an individual who accepts employment as provided under subsection (b) of this section if:
(i) the individual's current employer is a participating employer other than the State and is the same participating employer that employed the individual at the time of the individual's last separation from employment with a participating employer before the individual commenced receiving a service retirement allowance or vested allowance;
2. for a retiree who retired under the Workforce Reduction Act (Chapter 353 of the Acts of 1996), the amount by which the sum of the retiree's annual compensation and the retiree's annual basic allowance at the time of retirement, including the incentive provided by the Workforce Reduction Act, exceeds the average final compensation used to compute the basic allowance.
2. The reduction required under paragraph (1) of this subsection shall equal the amount by which the sum of the retiree's initial annual basic allowance and the retiree's annual compensation, as calculated in subsubparagraph 3 of this subparagraph, exceeds the average final compensation of the retiree used to compute the basic allowance.
(8)(i) In addition to any individuals rehired in accordance with paragraph (5) of this subsection, and subject to subparagraph (ii) of this paragraph, each superintendent of a local school system and the superintendent of the Maryland School for the Deaf may rehire a maximum of five individuals who are retirees of the Teachers' Pension System in any position at any school in the superintendent's local school system or the Maryland School for the Deaf.
(ii) The number of individuals rehired under subparagraph (i) of this paragraph for each local school system or the Maryland School for the Deaf may not exceed a total of five retirees at any one time when added to the number of individuals rehired under § 22-406(c)(8)(i) of this article for that same local school system or the Maryland School for the Deaf.
(iii) In addition to any individuals rehired in accordance with subparagraphs (i) and (ii) of this paragraph, from July 1, 2022, through June 30, 2024, each superintendent of a local school system and the superintendent of the Maryland School for the Deaf may rehire a maximum of 25 individuals who are retirees of the Teachers' Pension System at any school in the superintendent's local school system or the Maryland School for the Deaf as:
(ii) Within 30 days after rehiring an individual under paragraph (4)(iv) or (v) of this subsection, the superintendent of a local school system or the superintendent of the Maryland School for the Deaf shall complete and file with the Board of Trustees and the State Department of Education a form provided by the Board of Trustees that certifies that the individual rehired by the local school system or the Maryland School for the Deaf under paragraph (4)(iv) or (v) of this subsection:
(iii) Within 30 days after rehiring an individual under paragraph (8) of this subsection, the superintendent of a local school system or the superintendent of the Maryland School for the Deaf shall complete and file with the Board of Trustees and the State Department of Education a form provided by the Board of Trustees that certifies that the individual rehired by the local school system or the Maryland School for the Deaf under paragraph (8) of this subsection satisfied the criteria provided in paragraph (8) of this subsection.
2. If the Board of Trustees and the State Department of Education agree that a superintendent of a local school system or the Maryland School for the Deaf has rehired an individual that does not satisfy the criteria provided in paragraphs (4)(iv) and (5), paragraphs (4)(v) and (6), or paragraph (8) of this subsection:
(v) If a superintendent of a local school system or the superintendent of the Maryland School for the Deaf rehires an individual that satisfies the criteria provided in paragraphs (4)(iv) or (v) and (5), (6), or (8) of this subsection and the Board of Trustees and the State Department of Education do not receive certification from the superintendent in the time required under subparagraph (ii) of this paragraph:
2. the local school system or the Maryland School for the Deaf shall pay the Board of Trustees $50 for each month the superintendent fails to submit the certification under subparagraph (ii) of this paragraph in the time required, not to exceed a total of $1,000 for each individual whose certification is not submitted in the time required.
(11)(i) Within 30 days after rehiring an individual under paragraph (4)(x) of this subsection, and on or before January 31 each year for the 5 calendar years immediately following the individual's date of retirement, the appointing authority of the unit of State government employing the individual shall complete and file with the Board of Trustees a form provided by the Board of Trustees that certifies that the individual rehired by the individual's current employer under paragraph (4)(x) of this subsection satisfied the criteria provided in paragraph (4)(x) of this subsection.
(d) An individual who is receiving a service retirement allowance under this title may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by:
(e) An individual who is receiving a service retirement allowance or a vested allowance and who is reemployed by a participating employer may not receive creditable service or eligibility service during the period of reemployment.
(f) The individual's compensation during the period of reemployment may not be subject to the employer pickup provisions of § 21-303 of this article or any reduction or deduction as a member contribution for pension or retirement purposes.
(g) The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section.
(h)(1) Immediately on the employment of any individual receiving a service retirement allowance or a vested allowance, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the individual.
(2) At least once each year, in a format specified by the State Retirement Agency, each participating employer shall provide the State Retirement Agency with a list of all employees included on any payroll of the employer, the Social Security numbers of the employees, and their earnings for that year.
(j) At the request of the State Retirement Agency:
(1) a participating employer shall certify to the State Retirement Agency that it is not the same participating employer that employed an individual at the time of the individual's last separation from employment before the individual commenced receiving a service retirement allowance or a vested allowance; or
(2) a unit of State government shall certify to the State Retirement Agency that the individual was not employed by any unit of State government at the time of the individual's last separation from employment before the individual commenced receiving a service retirement allowance or a vested allowance.
(k) The Maryland Department of Health shall notify the State Retirement Agency of any retirees who qualify under subsection (c)(4)(vi) of this section.
(l) On or before September 1 of each year, the Secretary of Health shall submit a report in accordance with § 2-1257 of the State Government Article to the Joint Committee on Pensions that provides:
(m) On or before October 1 of each year, the State Superintendent of Schools shall submit a report for the previous school year, to the Joint Committee on Pensions, in accordance with § 2-1257 of the State Government Article, that provides:
(iii) a copy of the annual staffing report generated by the State Superintendent of Schools in accordance with § 18-703(g)(1) of the Education Article certifying areas of critical shortage for the previous school year as evidenced by projected employment vacancies substantially exceeding projected qualified graduates;
(n) On or before September 1 of each year, the Secretary of Public Safety and Correctional Services shall submit a report in accordance with § 2-1257 of the State Government Article to the Joint Committee on Pensions that provides:
Credits
Added by Acts 1994, c. 6, § 2, eff. Oct. 1, 1994. Amended by Acts 1994, c. 703, § 1, eff. Oct. 1, 1994; Acts 1995, c. 363, § 1, eff. Oct. 1, 1995; Acts 1997, c. 151, § 1, eff. July 1, 1997; Acts 1998, c. 779, § 1, eff. July 1, 1998; Acts 1999, c. 518, § 1, eff. July 1, 1999; Acts 2000, c. 245, § 1, eff. July 1, 2000; Acts 2001, c. 732, § 1, eff. July 1, 2001; Acts 2001, c. 733, §§ 1, 2, eff. July 1, 2001; Acts 2002, c. 19, § 1, eff. April 9, 2002; Acts 2002, c. 19, § 3; Acts 2005, c. 25, § 12, eff. April 12, 2005; Acts 2005, c. 395, § 1, eff. July 1, 2005; Acts 2005, c. 493, § 1, eff. July 1, 2005; Acts 2005, c. 499, § 1, eff. July 1, 2005; Acts 2007, c. 443, § 1, eff. July 1, 2007; Acts 2008, c. 516, § 1, eff. July 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2009, c. 473, § 1, eff. July 1, 2009; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2010, c. 618, § 1, eff. July 1, 2010; Acts 2010, c. 698, § 1, eff. July 1, 2010; Acts 2011, c. 106, § 1, eff. July 1, 2011; Acts 2011, c. 136, § 1, eff. July 1, 2011; Acts 2011, c. 591, § 1, eff. July 1, 2011; Acts 2011, c. 615, § 1, eff. June 1, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012; Acts 2012, c. 471, § 1, eff. July 1, 2012; Acts 2012, c. 526, § 1, eff. July 1, 2012; Acts 2012, c. 527, § 1, eff. July 1, 2012; Acts 2013, c. 479, § 1, eff. July 1, 2013; Acts 2013, c. 480, § 1, eff. July 1, 2013; Acts 2014, c. 180, § 1, eff. July 1, 2014; Acts 2015, c. 189, § 1, eff. July 1, 2015; Acts 2016, c. 196, § 1, eff. July 1, 2016; Acts 2017, c. 62, § 1, eff. April 11, 2017; Acts 2017, c. 62, § 6; Acts 2018, c. 469, § 1, eff. July 1, 2018; Acts 2019, c. 8, § 5; Acts 2019, c. 483, § 1, eff. July 1, 2019; Acts 2019, c. 484, § 1, eff. July 1, 2019; Acts 2020, c. 136, § 1, eff. July 1, 2020; Acts 2020, c. 137, § 1, eff. July 1, 2020; Acts 2020, c. 381, § 1, eff. July 1, 2020; Acts 2020, c. 382, § 1, eff. July 1, 2020; Acts 2020, c. 561, § 1, eff. July 1, 2020; Acts 2020, c. 588, § 1, eff. June 1, 2020; Acts 2022, c. 558, § 1, eff. June 1, 2022; Acts 2022, c. 559, § 1, eff. June 1, 2022; Acts 2023, c. 47, § 1, eff. June 1, 2023; Acts 2023, c. 48, § 1, eff. June 1, 2023; Acts 2023, c. 268, § 1, eff. July 1, 2023.
MD Code, State Personnel and Pensions, § 23-407, MD ST PERS & PENS § 23-407
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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